Utica morning herald and daily gazette vol. 29 no. 270

The Mountain Meadow Massacre.
SALT LAKE, Sept. 19.—The following special dispatch was received this morning from Beaver, Utah, in regard to the trial of John D. Lee:
Mr. Spicer made a motion that Lee be discharged on the grounds that the statutes of 1852, under which he was indicted, had been repealed by act of the Governor and Territorial Legislature passed and coming into effect on March 4, 1876. He then read several sections of the new penal code, and cited numerous authorities. Prosecution made no reply. Judge Boreman, replying, said: I do not think there is anything in the point raised, admitting that the statue of 1852 is expressly repealed ; but the authorities cited were not applic-able to the case, and I can not see that any jubilee was granted to John D. Lee by the Territorial Legislature or by law. Mr. Devny began the opening address for the prosecution this morning and continued until 2:30 P. M., confining himself to the acts of Lee in inciting the Indians to attack the emigrants before an answer to the message sent to Brigham Young was re-ceived, and acting in opposition to direc-tions of the council at Cedar, showing that Lee was the main leader in the massacre from beginning to end.
J. C. Foster, of Pioche, followed for the defense; and advanced the theory that Lee participated in the massacre by an order from higher authority at Cedar, and that the witnesses were not competent because they were actual participants in the massa-cre.
It is the general opinion that the jury will agree to a verdict of guilty as charged in the indictment. It is said the defense will take an appeal.
The closing speeches of counsel for the defense and prosecution in the Lee trial were made to-day. Judge Boreman will deliver his charge to-morrow and the case will be given to the jury.

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The Mountain Meadow Massacre.
SALT LAKE, Sept. 19.—The following special dispatch was received this morning from Beaver, Utah, in regard to the trial of John D. Lee:
Mr. Spicer made a motion that Lee be discharged on the grounds that the statutes of 1852, under which he was indicted, had been repealed by act of the Governor and Territorial Legislature passed and coming into effect on March 4, 1876. He then read several sections of the new penal code, and cited numerous authorities. Prosecution made no reply. Judge Boreman, replying, said: I do not think there is anything in the point raised, admitting that the statue of 1852 is expressly repealed ; but the authorities cited were not applic-able to the case, and I can not see that any jubilee was granted to John D. Lee by the Territorial Legislature or by law. Mr. Devny began the opening address for the prosecution this morning and continued until 2:30 P. M., confining himself to the acts of Lee in inciting the Indians to attack the emigrants before an answer to the message sent to Brigham Young was re-ceived, and acting in opposition to direc-tions of the council at Cedar, showing that Lee was the main leader in the massacre from beginning to end.
J. C. Foster, of Pioche, followed for the defense; and advanced the theory that Lee participated in the massacre by an order from higher authority at Cedar, and that the witnesses were not competent because they were actual participants in the massa-cre.
It is the general opinion that the jury will agree to a verdict of guilty as charged in the indictment. It is said the defense will take an appeal.
The closing speeches of counsel for the defense and prosecution in the Lee trial were made to-day. Judge Boreman will deliver his charge to-morrow and the case will be given to the jury.